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APT REPORT

ON

THE COMPLIANCE LABEL OF COMMUNICATION DEVICES IMPLEMENTED BY APT MEMBER COUNTRIES

No. APT/ASTAP/REPT-45Edition: June 2021

Adopted byThe 33rd APT Standardization Program Forum (ASTAP-33)

7 – 15 June 2021, Virtual/Online Meeting

(Source: ASTAP-33/OUT-12)

Table of Contents

1.0 Introduction..........................................................................................................1

2.0 Objective..............................................................................................................2

3.0 Abbreviation........................................................................................................2

4.0 Act and/or Regulation for approval of communication devices..........................2

5.0 Types of communication devices that require an approval.................................2

6.0 Technical requirements for an approval of communication devices...................2

6.1.1 Technical standards for an approval of communication devices.........................4

6.1.2 Methods of compliance to technical standards....................................................5

6.1.3 Approval of communication devices issuance.....................................................5

6.1.4 Responsibility of approval application................................................................6

6.1.5 Foreign testing laboratories for Mutual Recognition Arrangement (MRA)........7

6.1.6 Database of compliance approval........................................................................7

6.1.7 Legal enforcement...............................................................................................8

6.1.8 Import permit requirement...................................................................................8

6.1.9 Sale of used or refurbished communication devices............................................9

6.1.10 Selling of communication devices via e-commerce platforms.........................9

7.0 Labelling of communication devices.................................................................10

7.1.1 Compliance label...............................................................................................10

7.1.2 E-labelling Implementation...............................................................................10

7.1.3 Details of compliance label................................................................................11

7.1.4 Registration of IMEI and Serial Number.........................................................

7.1.5 Awareness / Educational Programs...................................................................13

8.0 Annex A - Abbreviations list.............................................................................14

9.0 Annex B – Questionnaire on the Compliance Label of Communication Devices Implemented by APT Member Countries......................................................................15

1.0 Introduction

A compliance label on communication devices indicates that the devices are certified for compliance with the standards as required by most if not all regulatory bodies in APT

APT/ASTAP/REPT-45 Page 1 of 22

countries. This will ensure that all communication devices with valid compliance mark placed on the market are safe to operate and interoperable with public communication networks. A total of eight (8) input documents received from Afghanistan, Australia, Cambodia, Japan, Mongolia, Papua New Guinea, Philippines and Vietnam has been consolidated to produce this report. This report also includes the input from Malaysia.

Malaysia had shared its Check Your Label (CYL) Program in ASTAP-29 (ASTAP-29/INP-58). The program is intended to educate consumers on the importance of the compliance mark on communication devices sold in the market. After sharing our initiatives, we found that some countries including ours are still facing challenges in the implementation, regulating and educating the public on the compliance mark. Thus, this report is prepared to facilitate APT member countries to improve their regulatory implementation of compliance mark/label.

2.0 Objective

The objective of this report is to share APT member countries’ regulatory implementation pertaining the compliance label on communication devices.

3.0 Abbreviation

Kindly refer to Annex A for the list of abbreviations applied to this report.

4.0 Act and/or Regulation for approval of communication devices

From the inputs received, Japan, Cambodia, Vietnam, Philippines, Australia, Papua New Guinea, Mongolia, Afghanistan and Malaysia have their own Acts and Regulations that govern the approval of communication devices in their countries.

5.0 Types of communication devices that require an approval

All of the countries responded that the types of communication devices that require approval under the Act and/or regulation are public switching device, transmission device and radio frequency device.

6.0 Technical requirements for an approval of communication devices

The technical requirements that communication devices shall fulfil in order to get an approval under the Acts and/or Regulations differs between APT member countries.

Australia, Cambodia and Philippines responded that the technical requirements that communication devices shall fulfil in order to obtain approval under the Act and/ or Regulation are electrical safety, electromagnetic compatibility (EMC), network interoperability and specific absorption rate (SAR). For Papua New Guinea, there are additional technical requirements for acoustic safety and electromagnetic field (EMF) on top of the four (4) technical requirements listed above.


Japan responded that the technical requirements for SAR, other radio technical specifications and terminal facilities specifications (acoustic safety, electrical safety and network interoperability, etc.) are required in order to obtain approval under the Act and/or Regulation. Mongolia responded that the technical requirements that must be fulfilled in order to get an approval under the Act and/or Regulation are electrical safety, EMC and SAR.

Vietnam responded that compliance to technical requirements of EMC and radio technical specifications for frequency spectrum efficiency is a must in order to obtain an approval under the Act and/or Regulation.

For Malaysia, the communication devices must comply with the electrical safety, EMC, network interoperability and SAR in order to complete the approval process.

The summary of the technical requirements to get an approval under the Act and/or Regulation is listed in Table 1 below:


No.

Country Technical requirement

1. Australia Electrical safety; EMC; Network interoperability; and SAR

2. Cambodia Electrical safety; EMC; Network interoperability; and SARSAR

3. Japan SAR; Radio technical specification and Terminal facilities specifications

4. Philippines Electrical safety EMC; Network interoperability; and SAR

5. Papua New Guinea Electrical safety EMC; Network interoperability; SAR; Acoustic safety; and EMF

No.

Country Technical requirement

6. Malaysia EMC Electrical Safety Network Interoperability SAR

7. Mongolia Electrical safety; EMC; and SAR

8. Vietnam EMC; and Radio technical specifications for frequency

spectrum efficiency

Table 1: Technical requirements to get an approval under the Act and/or Regulation

6.1.1Technical standards for an approval of communication devices

From the input received, the technical standards required by each country has some similarities in key requirements but differs slightly. Table 2 summarises the technical standards required by APT countries for the approval of communication device:

No Country Technical standards1. Australia Telecommunications standards;

Radiocommunications standards; Electromagnetic compatibility standards; Human exposure standard; and Parental lock standards

2. Cambodia ETSI; and FCC

3. Japan Radio devices; and Terminal equipment

4. Malaysia MCMC Technical Codeshttps://www.skmm.gov.my/en/legal/registers/cma-registers

5. Mongolia ETSI EN 6. Papua New Guinea EMC standards;

Safety standards; Radio spectrum standards; Battery; and AC Power standards

7. Vietnam Certification Radio communication terminal equipment; Radio transmitters and receivers between 9kHz to

400 GHz, EIRP ≥60mW; and Short range radio transmitters and transceivers;

Self-Declaration of Conformity (SDoC) Information technology equipment; Radio and television equipment Radio communication terminal equipment; Radio transmitters and receivers between 9kHz to

400 GHz, EIRP ≥60mW; and Lithium batteries for portable applications

Table 2: Technical standards for an approval of communication devices

6.1.2Methods of compliance to technical standards

There are a few methods to demonstrate the compliance of communication devices to technical standards. Most of the countries stated that certification is one of the methods to demonstrate the compliance to technical standards. There are also countries which accept Supplier’s Declaration of Conformity (SDoC) as a method of compliance to technical standards. Verification and registration is also among the methods implemented to demonstrate the compliance to technical standards. Summary of the methods implemented by APT member


https://www.skmm.gov.my/en/legal/registers/cma-registers

https://www.skmm.gov.my/en/legal/registers/cma-registers

countries to demonstrate the compliance to technical standards is as listed in Table 3: No Country Compliance to Technical Standards

1. Afghanistan Certification2. Australia SDoC3. Cambodia Certification;

SDoC; Verification; and Registration

4. Japan Certification; SDoC;

5. Malaysia Certification6. Mongolia Certification;

SDoC; Verification; and Registration

7. Papua New Guinea Certification; SDoC; Verification; and Registration

8. Vietnam Certification; SDoC;

Table 3: Methods of compliance to technical standards

6.1.3Approval of communication devices issuance

Based on the inputs received from APT member countries, the approval for communication devices issuance is from the regulatory body and/or certification body while Australia adopts the supplier’s declaration of conformity (SDoC). Summary of the approval issuance by respondents is as per listed in Table 4 below:

Table 4: Approval of communication devices issuance


No Country Approval Issuer1. Afghanistan Regulatory body2. Australia Supplier declaration3. Cambodia Regulatory body4. Japan Certification body5. Malaysia Certification body6. Mongolia Regulatory body; and

Certification body7. Papua New Guinea Regulatory body8. Philippines Regulatory body9. Vietnam Regulatory body; and

Certification body

6.1.4Responsibility of approval application

Based on the inputs received, the APT member countries stated that manufacturers, suppliers, distributors and importers are the one who is responsible to obtain the approval. While for Vietnam, manufacturers and importers are the one responsible to obtain the approval. For Australia, only suppliers and importers are responsible to obtain the approval. Summary of the responsibility of approval application is as per listed in Table 5 below:

No Country Responsible for Approval1. Afghanistan Manufacturers

Suppliers Distributors Importers

2. Australia Suppliers Importers

3. Cambodia Manufacturers Suppliers Distributors Importers

4. Japan Manufacturers Suppliers Distributors Importers

5. Malaysia Manufacturers Suppliers Distributors Importers

6. Mongolia Manufacturers Suppliers Distributors Importers

7. Papua New Guinea Manufacturers Suppliers Distributors Importers

8. Vietnam Manufacturer Importers

Table 5: Responsibility of approval application

6.1.5Foreign testing laboratories for Mutual Recognition Arrangement (MRA)

Mutual recognition agreement (MRA) is an international agreement by which two or more countries agree to recognize one another's conformity assessments results (for example certifications or test results). A mutual recognition arrangement is an international arrangement based on such an agreement. From the response received, all of the countries responded that they recognise foreign testing laboratories accredited to ISO/IEC 17025 for the purpose of regulatory approval.


Only Afghanistan, Cambodia, Mongolia and Vietnam stated that they require MRA with the country where the foreign testing laboratory is located before you accept the test report. Other than that all the countries include Malaysia does not require MRA with the country where the foreign testing laboratory is located before you accept the test report.

6.1.6Database of compliance approval

Database is a platform where all the details regarding the approved communication devices is stored. The ownership of the database may vary according to each country practices. From the response received, only Australia does not keep the database for all communication devices approved. Other than that, all countries keep the database for all approved communication devices owned by different holder. Breakdown of the database ownership is as summarise in Table 6 below.

No. Country Ownership of Approval Database1. Afghanistan Regulatory body2. Cambodia Regulatory body3. Japan Ministry4. Malaysia Certification body5. Mongolia Regulatory body; and

Certification body

6. Papua New Guinea Regulatory body7. Philippines Regulatory body8. Vietnam Regulatory body; and

Certification body

Table 6: Ownership of Approval Database

6.1.7Legal enforcement

In order to ensure compliance with the Act and/or Regulation, legal enforcement is very crucial. From the response received, almost all countries imposed penalty to offenders for the use and sale of communication devices which are not approved in their country except for Afghanistan, Cambodia, Mongolia and Philippines. Summary of the penalty imposed by respondent’s country is as per listed in Table 7 below:

No. Country Penalty 1. Afghanistan Work in progress2. Australia Up to approximately $25,000 AUD for an

individual and up to $315,000 AUD for a corporation

3. Cambodia N/A4. Japan Imprisonment for up to one year or given a fine

of up to 1 million yen (no label)5. Malaysia Up to RM100,000 or imprisonment for term not

exceeding 6 months or both6. Mongolia N/A7. Papua New Guinea Fine not exceeding 10,000 PGK or USD 2465.8. Philippines N/A


No. Country Penalty 1. Afghanistan Work in progress2. Australia Up to approximately $25,000 AUD for an

individual and up to $315,000 AUD for a corporation

9. Vietnam VND 2,000,000 to VND 5,000,000Table 7: Penalty for law offense

6.1.8Import permit requirement

Import permit is the approval issued by the appointed agency to allow the importer/distributer/manufacturer to import the certified communication device for the purpose of selling in the country. The import permit may be issued by Ministry, Regulatory Body, Certification Body or others. Summary of the inputs received from respondents is as listed in Table 8.

No. Country Required / Not Required

Issuer of Import Permit

1. Afghanistan Yes Regulatory body2. Australia No3. Cambodia Yes Regulatory body4. Japan NoNo. Country Required /

Not RequiredIssuer of Import Permit

5. Malaysia Yes Certification body6. Mongolia Yes Regulatory body; and

Certification body7. Papua New Guinea No8. Philippines Yes Regulatory body9. Vietnam No

Table 8: Import Permit Requirement and Issuance

6.1.9Sale of used or refurbished communication devices

There are countries that allow the importation and sale of used or refurbished communication devices in the country. From the response received, the approval process for used or refurbished communication devices are the same with the new communication devices. Summary of the sale of used or refurbished communication devices by respondents is as per listed in Table 9 below:

No. Country Allow sale of used or refurbished

communication devices (Y/N)?1. Afghanistan Yes2. Australia Yes3. Cambodia No4. Japan Yes5. Malaysia No6. Mongolia No


No. Country Allow sale of used or refurbished communication devices (Y/N)?

1. Afghanistan Yes2. Australia Yes7. Papua New Guinea Yes8. Philippines No9. Vietnam No

Table 9: Sale of used or refurbished communication devices

6.1.10 Selling of communication devices via e-commerce platforms

Online shopping has become a new normal nowadays. People can compare prices and specifications of the desired communication devices before purchasing at their fingertips. From the response received, 50% of the countries allow the communication devices to be marketed on online platforms such as e-bay, Lazada and Amazon. The method of regulating the sale of communication devices on e-commerce platforms is specified according to each country practise. All of the countries responded does not have any guideline or reference documents for the sale of communication devices on e-commerce platforms guideline except Japan which have formulated an e-commerce guideline on December 2020. Summary of the sale of communication devices on e-commerce platform by respondents is as per listed in Table 10.

No. Country Allow sale of communication devices

on e-commerce platform (Y/N)?

Method of regulating

1. Afghanistan N/A2. Australia Yes Requirements apply to the

importer of the equipment

3. Cambodia N/A4. Japan Yes Guideline for e-commerce

platform purchasehttps://www.soumu.go.jp/main_content/000723130.pdf

5. Malaysia Yes Special Approval & Clearance Letter if bought from overseas

Local sellers can only sell certified devices

6. Mongolia No7. Papua New Guinea N/A8. Philippines N/A9. Vietnam Yes Importer – Conformity

assessment and declaration Individual – Tax exemption

Table 10: Sale of communication devices via e-commerce platforms

7.0 Labelling of communication devices

7.1.1Compliance label


https://www.soumu.go.jp/main_content/000723130.pdf

https://www.soumu.go.jp/main_content/000723130.pdf

Compliance label is the mark that indicates the communication devices have been evaluated and approved according to the requirements. From the responds received, it is not mandatory to have compliance label for a communication devices sold in Cambodia, Japan and Mongolia. Only 66% of the respondents implemented the Self Labelling Program (SLP). Details of the responds received for the compliance label and implementation of SLP is as per summarised in Table 11 below:

No. Country Compliance label Mandatory (Y/N)?

SLP Implementation

1. Afghanistan Yes No2. Australia Yes Yes3. Cambodia No No4. Japan No Yes5. Malaysia Yes Yes6. Mongolia No No7. Papua New Guinea Yes No8. Philippines Yes Yes9. Vietnam Yes Yes

Table 11: Compliance label and SLP implementation

7.1.2E-labelling Implementation

The compliance label may be in the form of physical label (sticker, engraved, embossed and deboss) or e-labelling to facilitate the industry needs. Most of communication devices with integral display have implemented the e-labelling which is stored in the operating system of the communication devices. From the responds received, 56% of the countries have practised the implementation of e-labelling. Details of the responds received is as per listed in Table 12 below.

No. Country e-labelling implementation (Y/N)?1. Afghanistan N/A2. Australia Yes3. Cambodia N/A4. Japan Yes5. Malaysia Yes6. Mongolia N/A7. Papua New Guinea No8. Philippines Yes9. Vietnam Yes

Table 12: e-labelling implementation

7.1.3Details of compliance label

Design of the compliance label provided by respondents is as per listed in Table 13 below:


No. Country Compliance label

1. Afghanistan N/A

2. Australia

3. Cambodia N/A

4. Japan

5. Malaysia

6. Mongolia

7. Papua New Guinea

8. Philippines

9. Vietnam

Table 13: Compliance label In order to ensure the importers/manufacturers/distributors/local agents complies with the implementation of the compliance label, there are few mechanisms implemented. From the


input received, Papua New Guinea, Vietnam and Malaysia has implemented the Market Surveillance and post market activities to randomly check the communications devices sold in the market. For Australia, the implementation of priority compliance areas, audits and investigating complaints are among the methods to check the compliance label.For Malaysia, the certification body is appointed to undertake the market surveillance program by randomly procuring communication devices according to the sampling plan that is determined by MCMC. The evaluation of the market surveillance activity is based on approval/certification status, laboratory test results and labelling statusFailure to comply with the Act and/Regulation regarding the sale and use of communication devices without compliance label may be penalised. Summary of the penalty for sale and use of communication devices without compliance label imposed by respondent’s country is as per listed in Table 14 below:

Table 14: Penalty for sell or use of communication devices without compliance label

7.1.4Registration of IMEI and Serial Number

Only 33% of the respondent’s countries required the IMEI or serial number of communication devices sold in their country to be registered and it is the regulatory body’s responsibility to record the data. The other 67% of the respondent’s countries does not require IMEI or serial number registration for devices sold in their country. Details of the respondent’s respond regarding registration of IMEI and serial number is as summarised in Table 15 below.

No.

Country IMEI and Serial Number Registration

(Y/N)?

Record keeper

1. Afghanistan No2. Australia No3. Cambodia No4. Japan No5. Malaysia Yes Certification body6. Mongolia Yes Regulatory body 7. Papua New Guinea Yes Regulatory body8. Philippines No9. Vietnam No

Table 15: IMEI and serial number registration


No. Country Penalty 1. Afghanistan 5000 Afghani2. Australia Up to approximately $21,000 AUD3. Cambodia N/A4. Japan Imprisonment for up to one year or given a fine

of up to 1 million yen (no label)5. Malaysia Up to RM100,000 or imprisonment for term not

exceeding 6 months or both6. Mongolia N/A7. Papua New Guinea Fine not exceeding 10,000 PGK or USD 2465.8. Philippines N/A9. Vietnam N/A

7.1.5Awareness / Educational Programs

From the response, none of the APT countries runs awareness/educational program to increase the public awareness on your certification label except Malaysia. MCMC has conducted various types of awareness/educational program to increase the public awareness on the compliance label through Check Your Label (CYL) program. CYL is an awareness program to educate the public on the importance of purchasing communication devices that are certified and affixed with the MCMC label. Various awareness programs have been undertaken since the inception of the CYL program in 2014. Among major initiatives that have been done in order to promote CYL programs are advertisements at ICT mall, major shopping complex, selected universities nationwide, billboard advertisements on major highways in Peninsular Malaysia, billboard at selected airports, Public Service Announcements (PSA) through radios, televisions, awareness seminar with Royal Malaysian Customs Department (RMCD) officers nationwide, digital info board advertisements at selected Rest and Service (R&R) areas along North South Expressway (NSE), public transportation and station advertisements and social media engagement programs. CYL website (http://www.cyl.mcmc.gov.my) was also developed on October 2017 to convey the information to consumers.


http://www.cyl.mcmc.gov.my/

8.0 Annex A - Abbreviations list

AC Alternate Current

APT Asia Pacific Telecommunity

CYL Check Your Label

CMA1998 Communication and Multimedia Act 1998

EIRP Effective Isotropic Radiated Power

EMC Electromagnetic Compatibility

EMF Electromagnetic Field

ETSI European Telecommunications Standards Institute

FCC Federal Communications Commission

ICT Internet, Communication and Telecommunication

IMEI International Mobile Equipment Identity

ISO/IEC International Organization for Standardization and the

International

Electro technical Commission

MCMC Malaysian Communications and Multimedia Commission

NSE North South Expressway

PSA Public Service Announcements

R&R Rest and Service

RMCD Royal Malaysian Customs Department

SAR Specific Absorption Rate

SDoC Self-Declaration of Conformity

SLP Self-Labelling Program

TSR Technical Standards Regulation

MRA Mutual Recognition Arrangement


9.0 Annex B – Questionnaire on the Compliance Label of Communication Devices Implemented by APT Member Countries

Part 1 : Certification of Communication Equipment

1. What are the Act and/or Regulatory requirements that covers communications equipment approval in your country?

Act

Regulations

2. What is the scope covers under the regulatory requirements for communications equipment in your country?

Electrical SafetyElectromagnetic Compatibility (EMC)Network InteroperabilityRadiocommunicationsOthers:…………………………………………………………………………..

3. What are the technical standards which communications equipment need to be complied in your country?

Technical Standards

*You may provide link to the list of standards if it is available online

4. How do you demonstrate the communications equipment complied with the technical standards enforce in your country?


CertificationSupplier’s Declaration of Conformity (SDoC)VerificationRegistrationOthers:……………………………………………………………………………….

5. What are the types of communications equipment that requires certification?

Public Switching EquipmentTransmission EquipmentRadio Frequency EquipmentOthers:…………………………………………………………………………..

6. Who is responsible to certify communication equipment in your country?

MinistryRegulatory BodyCertification AgencyOthers:…………………………………………………………………………..

Please provide link for the register of certifying agency:………………………………………………………………………………………………………

7. Who are responsible to obtain the certification of communications equipment?

ManufacturerSuppliersDistributorsImportersOthers:…………………………………………………………………………..

8. Do you recognize foreign testing laboratory accredited to ISO/IEC 17025 for the purpose of certification?

YesNo

9. If yes, do you require Mutual Recognition Arrangement with the country where the foreign testing laboratory is located before you accept the test report?

YesNo


10. Do you keep database for all communications equipment certified in your country?

YesNo

11. If yes, who is responsible to manage and maintain the database for communications equipment?


12. What is the penalty for the use and sale of non-certified communications equipment in your country?

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

13. Is the database of communications equipment accessible to the public to check the approval status of communications equipment?

YesNo

If yes, please provide the link to the database?………………………………………………………………………………………………………

14. Do communications equipment imported into your country require an import permit?

YesNo

15. If yes, who issue the import permit for communications equipment?



Please name the organization who issue the import permit

…………………………………………………………………………………………………….

Part 2 : Labelling Mark of Communication Device

16. Is it mandatory for a communications equipment sold in your country to have certification label?

YesNo

17. Do you implement Self-Labelling and e-Labelling?

YesNo

18. What is the form of the certification label?

Certification Label

19. What is the process to apply Self-Labelling and e-Labelling in your country?

Process for Self-Labelling and e-

Labelling


20. How do you ensure all certified communications equipment bear the certification label?

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

21. What is the penalty for the use and sale of communications equipment without certification label in your country?

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

22. Do you require all communications equipment imported into your country to register IMEI or Serial Number?

YesNo

23. If yes, who is the responsible party to keep the record of the registered IMEI and Serial Number?

MinistryRegulatory BodyCertification AgencyOthers:…………………………………………………………

24. Do you run awareness/educational program to increase the public awareness on your certification label?

YesNo

If yes, please share the awareness/educational program


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